I have a COS petition (H1-H4) filed in July. Vermont Processing times are horrible. If I decide to leave in the next 2 months to get stamped in India or Canada (My I-94 expires in Dec 2018), would it affect my immigration status in any way ? I know the 539 will be considered abandoned and ultimately denied, but has it been an issue?
Nope, it’s not an issue.
You can go out of USA and get H4 stamped. Infact, that’s the fastest way to get H4 these days.
OK. Thank you. With the new NTA issue, I’m a little skeptical. One of the lawyers mentioned the possiblilty that the denial of the COS 539 might automatically trigger the NTA.
The NTA rule is currently not implemented yet by USCIS at the time of answering i.e. today Aug 11, 2018.
We are tracking it here:
Also, the NTA is supposed to be issued for someone who is present in the USA at the time of visa denial (waiting for the same visa for their status that they applied for).
Your application for i-539 COS would have been abandoned by USCIS as you went outside US.
You will re-enter based on valid H4 visa.
This is perfectly legal and I see no reason to be scared of NTA in your case.